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Radical Freedom
Holder: Time to Question "Stand Your Ground" Laws
By Bob Adelmann
The New American
July 19, 2013
When Attorney General Eric Holder (shown) told his audience at the NAACP’s annual convention on Tuesday, “It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” he was either ignorant of, or didn’t want to consider, the precedents the Supreme Court has used for nearly 100 years to defend the “stand your ground” laws to which he was referring. Twenty-five states have adopted some form of those laws, including the State of Florida. Simply stated, those laws provide that an individual may be justified in using deadly force to defend himself against an unlawful threat without an obligation to retreat first
.Back in 2000, Second Amendment scholar and Research Director of the Independence Institute David Kopel published his analysis of a dozen self-defense cases brought before the Supreme Court in the 1890s. These cases laid the legal groundwork for a decision in 1921 that “became the most important armed self-defense case in American legal history, upholding and extending the right to armed self-defense,” according to Kopel. Calling them “The Self-Defense Cases,” Kopel examined each of them in turn, including the primary case — Beard v. United States — which led inevitably and directly to the 1921 decision, Brown v. United States, that has served as the touchstone that Holder now wants to “question.”"
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By Bob Adelmann
The New American
July 19, 2013
When Attorney General Eric Holder (shown) told his audience at the NAACP’s annual convention on Tuesday, “It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” he was either ignorant of, or didn’t want to consider, the precedents the Supreme Court has used for nearly 100 years to defend the “stand your ground” laws to which he was referring. Twenty-five states have adopted some form of those laws, including the State of Florida. Simply stated, those laws provide that an individual may be justified in using deadly force to defend himself against an unlawful threat without an obligation to retreat first
.Back in 2000, Second Amendment scholar and Research Director of the Independence Institute David Kopel published his analysis of a dozen self-defense cases brought before the Supreme Court in the 1890s. These cases laid the legal groundwork for a decision in 1921 that “became the most important armed self-defense case in American legal history, upholding and extending the right to armed self-defense,” according to Kopel. Calling them “The Self-Defense Cases,” Kopel examined each of them in turn, including the primary case — Beard v. United States — which led inevitably and directly to the 1921 decision, Brown v. United States, that has served as the touchstone that Holder now wants to “question.”"
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